Employers Offering "Comp" Time Instead of Overtime

Web Admin - Tuesday, March 11, 2014

illinois overtime employee lawyerMany employees are owed overtime by their employers under the Fair Labor Standards Act (FLSA) once they work more than 40 hours in a week. Illinois also has a separate wage and hour law that comes into effect at the same 40-hour mark. While many employers dutifully obey these laws and pay the qualifying employees time-and-a-half during overtime, sometimes, either intentionally or by mistake, employers subvert these laws. One of the most common ways that employers attempt to get around paying overtime is through the use of compensatory or "comp" time instead of overtime.

This practice involves employers allowing a worker to take paid hours off in the future based on the amount of overtime hours worked. Most commonly these hours off will be either equal to the amount of overtime, or an hour and a half off for each hour of overtime.

Who Is Entitled to Overtime?

The first step in determining whether an employer is violating wage and hour laws related to overtime is to find out if the law mandates overtime for the employee in question. The first place to look is in the FLSA, which governs overtime requirements on a federal level. The FLSA qualifies all hourly employees for overtime pay, unless they fall into a list of exemptions. The Department of Labor provides a full list of exempt employees. Some of the most commonly applicable exemptions are:

  • - Sales employees working on commission;
  • - Computer professionals making at least $23.67 an hour;
  • - Drivers, loaders, and mechanics employed by motor carriers;
  • - Salesmen, partsmen, and mechanics who work for automobile dealerships; and
  • - Executive, administrative, and professional employees who are paid on a salaried basis.

Illinois’ wage and hour law also contains a list of exemptions, though these largely overlap with the FLSA’s list. For an employee to be exempt from overtime requirements, their occupation would need to be exempted from both the FLSA and the Illinois overtime law.

Is Comp Time Legal?

If a private sector employee falls under the ambit of overtime laws, then paying them with compensatory time instead of an overtime rate violates overtime laws. The purpose of those laws is to provide employees a premium for working overtime, which comp time circumvents. Importantly, this rationale does not apply to all rearrangements of schedules. The overtime laws focus on a weekly time scale, meaning that working more than eight hours in a day does not qualify a person for overtime, and an employer is allowed to shift time within the week to keep an employee below the 40 hour threshold. It is only the banking of paid time off in lieu of an overtime premium that violates the law.

If you believe you have been the victim of an overtime violation like comp time, reach out to a Barrington employment lawyer today. Our team handles cases in many northwest suburbs, including Schaumburg, Rolling Meadows, and Palatine.

About the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.

Recent Posts


Schaumburg medical malpractice lawyer premises liability liability claims Arlington Heights pedestrian accidents FSLA fiduciary rule Illinois Smoke Detector Act trauma after an accident Illinois home inspection drunk driving statistics Rolling Meadows medical malpractice lawyers FMLA personal injury law firm distracted driving accidents capital gains tax Palatine Attorney Illinois traffic attorneys motorcycle accident lawyer workers compensation benefits power of attorney for healthcare expungement Deer Park employment law attorney Crystal Lake personal injury attorney pedestrian accidents estate attorney creditors Arlington Heights injury attorney Long Grove estate planning attorneys unpaid assessment Illinois traffic accident lawyer Deer Park accident attorney estate tax Kenilworth estate planning attorneys investment property Chicago attorney Rolling Meadows Traffic Lawyer rumble strips residential real estate insurance denial appeals insurance attorney small business anesthesia errors appealing an insurance claim Illinois estate planning law firm liens Palatine corporate attorney Buffalo Grove employment lawyer Illinois employment law firm Kenilworth estate planning attorney Chicago employment lawyer personal injury accidents employment law Rolling Meadows employment law attorneys DNR Crystal Lake will lawyer Illinois insurance claim dispute lawyer changes to mortgage law Palatine probate lawyer Arlington Heights Traffic Lawyer jet ski personal injury attorney Food and Drug Administration's Food Safety Modernization Act subcontractor dynasty trusts living trust benefits Illinois mortgages Arlington Heights estate planning attorney Des Plaines personal injury lawyers car crash Illinois will lawyer Employment Discrimination Law condo Buffalo Grove personal injury attorney defective products Crystal Lake insurance lawyer nursing home negligence gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys power of attorney PTSD personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys preventable medical errors Illinois employment law tax attorney Illinois workers compensation attorney personal injury lawyer elder law employment attorney Chicago will attorney, social media platforms, Illinois estate planning lawyer, reckless homicide Deer Park traffic accident attorney estate planning attorney Des Plaines DUI attorney pet law employees Des Plaines medical malpractice attorney fiduciary rule delay Rolling Meadows litigation lawyer medical research Crystal Lake medical malpractice attorneys comparative negligence Crystal Lake pedestrian accident lawyer Illinois medical malpractice attorney spinal cord injury drug crimes brain injury internet boating accidents pay when paid contract Barrington Traffic Lawyer Thanksgiving consent to a search privacy traffic tickets Illinois workers compensation lawyer new real estate form murder charges Palatine workers compensation lawyer Illinois wrongful termination lawyer estate plan real estate leasing insurance claim denial Deer Park motorcycle accident lawyer cell phone tower data Illinois criminal defense attorney employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, Illinois traffic laws DUI attorney comp time employee discrimination home inspection lawyer car crash injuries Affordable Care Act Illinois car accident attorney Chicago insurance claim attorneys probate senior citizens accidental death benefits DUI defense slip and fall Exclusions Illinois tax attorney modern family estate planning living trust vs will Rolling Meadows employment law attorney Rolling Meadows criminal attorney Barrington personal injury lawyer Illinois traffic attorney Palatine punch death denied insurance claim Illinois medical malpractice case traffic offenses Buffalo Grove medical malpractice lawyers loss of consortium surgical mistakes Des Plaines personal injury lawyer Des Plaines insurance attorney insurance adjusters Schaumburg real estate lawyer Barrington business law firm GM ignition switches Deer Park DUI lawyer Illinois small business drug crime Illinois living will landlord tenant law Barrington estate planning attorney Schaumburg Attorney IRA benefits Illinois real estate lawyer Deer Park real estate law firm commercial leases personal injury claim Chicago biking tips Barrington employment law attorney traffic laws trucking accidents Des Plaines personal injury attorney Crystal Lake estate planning lawyer Chicago employment attorney Palatine corporate law attorneys South Barrington real estate attorney IRELA severance agreements insurance denials real estate ken apicella liability Arlington Heights criminal lawyer Self-Directed IRA Accounts wrongful termination Jay Andrew probate fees Schaumburg foreclosed rental property hiring employees POA Illinois wills and trusts Arlington Heights wills and trusts attorney Des Plaines injury law firm digital media accounts, estate planning, Arlington Heights estate planning attorney, Crystal Lake employment lawyer employment lawyer Schaumburg injury lawyer real estate attorneys Arlington Heights wills and trusts attorneys employment contract Inverness DUI lawyer Rolling Meadows criminal lawyer Legal Info Policy Cancellation Palatine criminal defense lawyer insurance claim dispute attorney hands free device Illinois trusts attorney DMV Crystal Lake traffic attorney criminal record estate planning trusts Home Sale Contingencies compensatory time Illinois Trust Code pizza emoji Colin H. Gilbert life insurance lawyer Illinois corporate lawyer Illinois Probate Act of 1975 Buffalo Grove law firm advance healthcare directive Deer Park workers compensation lawyer unfunded trust murder defense vacation home estate planning for college students pain and suffering Arlington Heights insurance attorney Illinois collections attorney Buffalo Grove injury lawyer construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation Palatine traffic lawyer pet bites Inverness real estate lawyer Illinois employment laws insurance claim dispute Crystal Lake personal injury lawyer Barrington criminal defense lawyer Palatine estate planning lawyer Crystal Lake criminal defense attorney car collision mass shooting personal injury claims Arlington Heights real estate lawyer icy parking lots car crashes drug crimes lawyer sexual images Rolling Meadows insurance dispute lawyers, insurance dispute Arlington Heights medical malpractice lawyer Rolling Meadows insurance lawyer boating under the influence Schaumburg construction accident lawyer Rolling Meadows insurance attorney Crystal Lake pet attorney Des Plaines drug lawyer Illinois insurance claim attorney Des Plaines civil attorney Inverness accident lawyer rollover car crashes Illinois injury lawyer Fourth of July golf accidents Schaumburg personal injury attorney Riverwoods estate planning lawyer denial of life insurance Arlington Heights car crash attorneys Whistleblower Claims Schaumburg personal injury lawyers Buffalo Grove car accident lawyer commercial leasing special needs trust Illinois employment law attorneys rest breaks TBI Illinois attorney construction contracts Arlington Heights traffic attorney Crystal Lake injury attorney Rolling Meadows traffic attorney insurance dispute attorney Schaumburg criminal attorney Rolling Meadows Attorney Long Grove real estate lawyer insurance agents Illinois Wage Payment and Collection Act Chicago trucking accident attorney real estate closing insurance claim denials Colin Gilbert medical marijuana Arlington Heights personal injury attorney drugs Schaumburg elder law lawyer drunk driving trustee marijuana Barrington drug crime attorney Illinois traffic ticket lawyer Barrington boating accident attorney Illinois speeding lawyer Inverness civil lawyer privacy laws Illinois motorcycle accident lawyer Illinois jet ski accident lawyer car accident lawyers Crystal Lake car accident lawyer startup company Des Plaines accident attorney pedestrian injuries, pedestrian fatality fatal car accidents in terrorem provision real estate attorney job lawyers Crystal Lake bike accident lawyer Retaliatory Discharge swimming pools Chicago lawyer workers comp work unions Rolling Meadows marijuana attorney landlord Crystal Lake accident attorney Arlington Heights wills and trusts lawyer probate claims Illinois insurance disputes insurance claim delay texting while driving Crystal Lake civil litigation lawyer Long Grove estate planning Illinois insurance attorney blood alcohol content probate lawyer Inverness personal injury attorney Des Plaines claims law firm Arlington Heights accident attorney Rolling Meadows car accident lawyers Palatine traffic accidents Schaumburg corporate attorney motorcycle accident Palatine law firm Barrington civil litigation attorney independent contractor license suspension speeding Illinois employee rights attorney. Inverness insurance attorney Class A misdemeanor Liquor Control Act Rolling Meadows insurance dispute lawyers Deer Park traffic lawyer natural gas corporate law Illinois pet lawyer Palatine elder law attorney Attorney Ken Apicella Do Not Resuscitate Illinois personal injury Forcible Entry Arlington Heights TBI attorney Mt Prospect Attorney Crystal Lake traffic lawyer Arlington Heights trucking lawyer digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers car accidents license reinstatement Illinois Sales Representative Act blended families filing a medical malpractice claim Illinois wills and trusts attorneys medical malpractice Palatine drug lawyer preventing accidents underfunded trust Palatine employment attorney Mount Prospect elder law attorney estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, underinsured motorist Barrington estate planning lawyer Detainer Actions estate planning Arlington Heights Attorney guardianship attorney Barrington medical malpractice lawyers insurance negligence probate process forming a corporation in Illinois murder wills Chicago corporate attorney estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers Des Plaines real estate lawyer Illinois elder law attorney rollover accidents Arlington Heights employment attorney Palatine employment law lawyer Barrington real estate lawyer Buffalo Grove personal injury lawyer insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys Des Plaines motorcycle accident attorney Illinois defective products attorney pregnant women Inverness corporate attorney Crystal Lake employment law attorney bike accident ObamaCare insurance claims uninsured motorist low-ball insurance settlement Illinois boating accident lawyer traumatic brain injuries Chicago will attorney Barrington Illinois estate planning lawyer Illinois civil litigation lawyer Illinois Transfer on Death Instrument car accident dog bites trucking accident lawyers Illinois red light cameras Schaumburg civil litigation attorney Illinois probate lawyer food poisoning Palatine trusts lawyer Rolling Meadows personal injury lawyers Illinois rollover accident lawyers wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace Inverness injury lawyer suspended license bicycle dooring accidents IRA trust transfer Illinois workplace lawyer insurance dispute Arlington Heights personal injury lawyer Palatine insurance lawyer trust payments Deer Park personal injury lawyer Long Grove wills and trusts attorneys Deer Park medical malpractice attorney living wills Federal Food Drug and Cosmetic Act Illinois registered agent Illinois Buffalo Grove probate lawyer employment law, Illinois employment laws workplace sexual harassment Inverness estate planning lawyer traffic violations employee misclassification sexual harassment whistleblower protections Palatine injury attorney employee rights spinal cord injuries denied insurance claims Rolling Meadows estate planning attorney child safety Illinois real estate healthcare claims workers compensation social media after death Illinois workplace discrimination attorney Crystal Lake car accident attorney Des Plaines gift taxes Des Plaines pet law attorney product liability Illinois insurance claim dispute lawyers Chicago estate planning lawyer Illinois job attorney trusts Illinois business lawyer back injuries slip and fall accidents truck collisions civil rights violation Illinois law Palatine business attorney breach of contract Schaumburg employment law attorneys LLCs Inverness probate lawyer IRS pedestrian accident DUI business litigation Des Plaines tax law firm Barrington injury attorney crossover accidents Rolling Meadows employment attorney institutional trustee car accident lawyer Illinois pedestrian accident attorney Crystal Lake medical malpractice lawyer ACA Rolling Meadows personal injury lawyer jet ski accidents Illinois employment law attorney Illinois medical malpractice claim revenge porn Illinois insurance dispute lawyers products liability employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys federal crimes Buffalo Grove traffic attorney sole proprietorship no contest clauses insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys traffic crimes Schaumburg traffic lawyer probate claims process fault based insurance minimum wage Crystal Lake medical malpractice law firm Schaumburg car accident attorney wage theft Palatine real estate lawyer dram shop law Palatine civil litigation lawyer Super Mario Barrington personal injury attorney mortgage disability benefits overtime violations Rolling Meadows DUI lawyer Rolling Meadows financial advisors head on collisions real estate contract Illinois personal injury lawyer natural gas explosion Long Grove real estate attorney real estate zoning Schaumburg estate planning lawyer criminal deed transfer homestead rights Crystal Lake tax lawyer bad faith insurance claims commercial real estate living trust Crystal lake insurance dispute attorney healthcare Illinois estate planning Chicago insurance law firm drug possession Illinois construction accident attorney personal injury medical malpractice compensation School Visitation Rights Act Mount Prospect real estate lawyer Illinois lawyer Buffalo Grove traffic lawyers DGAA Joliet general practice lawyers medical malpractice claims overtime pay attorney fees trench injuries Palatine construction attorney medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers Family Medical Leave Act Arlington Heights lawyer Illinois trucking safety Crystal Lake law firm meal breaks eluding a police officer pedestrian-automobile accident Illinois Workers’ Compensation Commission involuntary manslaughter contracts llinois Real Estate Lawyers Association Schaumburg criminal law attorney civil litigation attorney traffic violations defense Schaumburg drug defense lawyer rent to own real estate contracts insurance claim BAC Palatine civil attorney civil litigation Buffalo Grove real estate attorney license Barrington litigation attorney Fair Labor Standards Act Barrington employment law firm Inverness elder law lawyer Crystal Lake business law attorneys Rolling Meadows business lawyer operating agreements Rolling Meadows real estate attorney Rolling Meadows traffic law firm Home Remodeling Repair Act Illinois insurance lawyer Rolling Meadows boating crash lawyer Schaumburg estate planning attorney Buffalo Grove criminal defense lawyer marijuana crimes attorney digital information Landlord Tenant Ordinance Rolling Meadows accident lawyer caretaker rights Arlington Heights wills and trusts lawyers Schaumburg probate attorney first degree murder defective products lawyer installment contracts Barrington criminal lawyer taxes Rolling Meadows probate lawyer Long Grove estate planning attorney caregiver Buffalo Grove corporate attorney insurance agent negligence Crystal Lake employment attorney Schaumburg personal injury lawyer Illinois bicycle safety vacation home fines federal regulations for LLCs Arlington Heights car accident lawyer controlled substance Schaumburg estate attorney health insurance dispute Illinois personal injury attorney field sobriety test bicycle accidents elder abuse automated cars unauthorized overtime license revocation problem employees Illinois medical malpractice lawyers life insurance claims wrongful death Schaumburg wrongful death attorney Chicago traffic lawyer underage DUI Rolling Meadows personal injury attorney South Barrington real estate lawyer Rolling Meadows corporate lawyer traumatic brain injury Barrington workers compensation attorney Illinois employment attorneys Illinois estate planning attorney dealing with problem employees Des Plaines collections attorney college kids estate planning lawyer Illinois driving without license cell phone clemency unpaid overtime Des Plaines Traffic Lawyer distracted driving accident victims insurance disputes condo association manufacturing criminal law driving Palatine employment lawyer Des Plaines real estate attorney Illinois insurance claims lawyers wills and trusts life insurance Chicago car accident lawyer Illinois business law atorneys breathalyzer test Buffalo Grove insurance claim dispute lawyers digital evidence Mount Prospect wills and trusts lawyers real estate lawyer Illinois employment lawyer Schaumburg insurance lawyers Illinois LLC creation Schaumburg employment attorney cell phone accidents CAM paid sick leave Des Plaines criminal attorney boating DUI criminal defense digital assets Rolling Meadows drug defense attorney traffic accidents Barrington attorney traffic deaths DUI penalities income distribution deducation Rolling Meadows tax attorney Illinois DUI attorney Deer Park criminal attorney agent medication errors Barrington employment attorney Chicago estate planning irrevocable trust auto accidents owner responsibility Arlington Heights tax lawyer Palatine personal injury lawyer BUI foreclosure Illinois personal injury lawyers life insurance policy texting and driving Inverness real estate attorney Inverness traffic law firm right to work Arlington Heights employment law attorneys deadly crashes BAIID Kenilworth estate planning lawyer loopholes Illinois Human Rights Act Des Plaines drug crimes lawyer Transfer on Death Instrument construction accidents hit and run accident holiday statistics